(영문) 광주지방법원 순천지원 2018.11.16 2018고단1984

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2018.11.16 2018고단1984

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2008, the defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on January 4, 2008, and a fine of 2.5 million won for the crime of violating the Road Traffic Act in the support of the Suwon Friwon, on March 28, 2008, and on August 12, 2011, the defendant was sentenced to a summary order of 2.5 million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on August 12, 201.

On September 21, 2018, the Defendant driven a car with Cins under the influence of alcohol content of about 0.108% at a section of about 800 meters from the gypthm of the death flood, to the front road of the second apartment of the gypary apartment of the same gypland, if the Defendant was influsent at the time of drinking on September 21, 2018.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant was sentenced to a punishment for the same crime, the fact that the defendant was not sentenced to a punishment for the same crime for a considerable period of time, the fact that the defendant did not cause physical or human damage, the driving distance is short, the defendant's age, sexual behavior, family relationship, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, including the defendant's age, sexual behavior, family relationship, environment, circumstances after the crime, and the result, shall be

참조조문

-형법 제62조 제1항

-형법 제62조의2

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